The European Union is planning to create a new super-prosecutor who would have
powers to bring cases against British citizens without the approval of the
Crown Prosecution Service or the Government.

The Spanish EU Presidency, backed by France and Germany, announced that it is going to propose the creation of an EU European Public Prosecutor next month using powers under the Lisbon treaty.

The move is regarded as "extremely worrying" and is seen as a further attempt to transfer powers from London to Brussels.

It would mean that British people could face prosecution through a justice system the UK Government has made no contribution to setting up.

The British Government has consistently opposed the plans but is powerless to stop them going through as they can be passed as long as they have the backing of nine member states under so-called “enhanced co-operation”.

Britain has "opted out" of the system, which means that while the European prosecutor will not be able to bring cases in this country, he will still be able to issue European arrest warrants to force UK citizens to face prosecution in another member state – without asking the permission of the Government or the Director of Public Prosecutions, Keir Starmer.

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The news comes after The Daily Telegraph disclosed how the European Union is drawing up plans for its first direct tax with a "green" levy on petrol, coal and natural gas that could cost British consumers up to £3 billion.

The prosecutor’s initial powers will be confined to cross-border financial transactions – specifically to “investigate fraud and speculation against the euro”.

Conde Pumpido, Spain’s Inspector-General of Finances, said: “The single currency needs a specific institution that protects the application of criminal law against fraud and speculation.”

However, there are concerns that once appointed the new European prosecutor will seek to use his powers to prosecute a range of different and non-financial crimes.

The Spanish Presidency’s website raises the prospect of allowing the prosecutor also to "investigate and initiate criminal proceedings against cross-border crimes such as people trafficking, drug trafficking or terrorism".

Sarah Gaskell, from campaign group Open Europe, said: “This is an extremely worrying move for UK citizens, who could face prosecution by a European Public Prosecutor that the UK Government had no hand in setting up.

“The deeply undemocratic Lisbon Treaty is being used to outsource controls over our justice system to EU institutions, in what is the start of a very worrying trend of judicial creep that could see such a prosecutor’s powers expanded into all manner of areas.

“This just goes to show that the Government’s so-called 'opt-outs’ from the Lisbon Treaty in justice and home affairs are a totally inadequate safeguard for the UK’s criminal and justice system.

“A future government needs to fundamentally reform Britain’s participation in EU criminal and justice rules and reclaim much greater control over the legal rights of its citizens.”

Mark Francois, the shadow Europe minister, said: “The Lisbon Treaty allows other countries to establish a European prosecutor for themselves if they wish, but we are not obliged to follow suit.

"In fact, it would be absolutely unacceptable for Britain to participate in any such project.

“It would endanger the integrity and accountability of our legal system. A Conservative government would not allow a European Public Prosecutor to have any authority in Britain. Labour and the Lib Dems should now match our position.”

A spokesman for the EU Commission said: "The Commission is looking at its options but no decisions have been made."